What Is a Backover Accident? A Guide

Backover accidents are very tragic, but they are also very preventable. In some ways, that makes them even more terrible, as oftentimes, the victims of these cases are young children, the elderly, or disabled individuals.

A backover accident occurs when a reversing vehicle hits a person who is behind it. Even though there is advanced technology for vehicle safety, backover crashes still happen more often than they should, and people get hurt.

These accidents often occur in residential areas, in parking lots, and in driveways across Long Island, but there are precautions that people can take.

The Law Office of Carl Maltese has been helping children and adults get the compensation they deserve following a backover accident. The office believes it's important for Long Islanders to understand what a backover accident is, who is most at risk, and how to prevent these tragic crashes. They can also answer questions like where do most backover accidents occur?

Defining Backover Incidents

A backover incident occurs when a driver reverses their vehicle and unintentionally hits a person who is behind the vehicle. These accidents almost always take place at lower speeds and in places where people are comfortable walking, playing, or standing. Some examples of this include:

• Residential driveways

• Apartment complex parking lots

• School or daycare pickup areas

• Commercial loading zones

• Urban streets with heavy pedestrian activity

Backover accidents are a bit different than other accidents involving pedestrians because they generally involve a driver who is totally unaware that a person is behind a vehicle until they hit them.

Who Is Most at Risk in Backover Accidents?

Anyone can be a victim of a backover accident if they are in the right pace at the right time from a pedestrian or motorist to a bicyclist. However, according to the National Highway Traffic Safety Administration (NHTSA), children who are under the age of 5-years old are more commonly victims of this type of accident than others. Within that group, children between the age of 12 and 23 months are the most common victims.

Elderly people who have limited mobility or slow reflexes are also commonly at risk. Those with visual or hearing impairments may also be more vulnerable to this type of accident.

What makes these accidents even more tragic, is often the driver of the car involved is the victim's parent, relative, or neighbor. This adds even more emotional trauma to an already horrible situation.

Common Causes of Backover Accidents

There are several factors that can contribute to causing a backover crash. These include the following:

 Blind Spots

Even with modern conveniences and safety systems in place like backup cameras, reverse sensors, and alerts, these accidents still occur. Drivers might not be able to see due to the rear blind spot. This is especially the case when they are driving large vehicles like SUVs, pickup trucks, and vans. On top of this, children are often too small to be seen by drivers in these taller vehicles.

Distracted Driving 

Driver distractions are other common causes for backover incidents. If drivers are doing things like checking their mobile devices, talking on the phone, adjusting the radio, or talking to a passenger, it can reduce their ability to pay attention to their surroundings.

Lack of Supervision 

Lack of supervision may also cause a backover accident. Since many of these accidents occur at home, young kids might think nothing of playing on a driveway or walking behind a vehicle. If an adult is not watching them closely, they could end up in a place where they can get hit.

Inadequate Use of Safety Technology 

Even if a driver has access to available technology, that doesn't mean they will use it. Safety measures like backup cams and sensors should always be used. Failure to do this could lead to an accident.

Environmental Obstacles 

Poor lighting and weather conditions can reduce visibility of the driver. Limited visibility due to landscaping and hazards like other vehicles may also contribute.

How Common Are Backover Accidents?

Backover accidents are more common than many people realize. According to statistics from the NHTSA and Safe Kids Worldwide, the following is true:

• Approximately 50 children are backed over each week in the US

• Around 2,400 children are treated in ERs for severe injuries following a backover accident each year

• Almost 300 children are killed following a backover incident, annually

It's important to remember, too, that though children are the most common victims, anyone can be a victim and sustain serious injuries like spinal cord injuries, broken bones, or even death.

Legal Considerations for New York Backover Accidents

When a backover accident occurs on Long Island, there are several legal questions that will arise. These are often very confusing cases, and a personal injury attorney should be involved.

In order to file a personal injury claim, there must be negligence. Even if the driver was totally surprised by what happened because they didn't see the victim, they can still be negligent if it can be proven that they were distracted by texting, not using their backup cams, or otherwise not paying attention to their surroundings.

It's also possible that the vehicle owner can be found liable, even if they were not behind the wheel of the car. The vehicle owner, for instance, may have allowed their intoxicated friend to drive the car, and even if the friend was the driver who hit the victim, the owner of the vehicle can also be found liable.

When a backover accident occurs in a parking space located in a commercial parking lot, the owner of the property can be found liable, too. This is especially true if there are not enough signs, if there is poor design, or the lighting is poor.

New York has a comparative negligence rule in place. This means even if the victim is partially at fault, they can still recover damages. An example of this is if a driver is backing out of a parking spot and hits a person who suddenly darted behind them. In this case, the compensation would be reduced based on the victim's percentage of fault.

Steps to Take After a Backover Accident

When a backover accident occurs, it is important to take immediate action to protect the rights of the victim.

First, call 911 and get police and medical assistance. Even minor injuries should be examined by an EMT or a doctor. Law enforcement will create a police report, which can later be used for evidence.

The next thing to do is to document the scene. It's best to take photos and videos of the scene, including any obstacles. Contact information should be shared with everyone involved, including witnesses.

Finally, contact the best vehicle accident lawyer in Long Island. An attorney from the Law Office of Carl Maltese can help to assess liability in the accident, deal with insurance companies, and help the client get the compensation they deserve.

Preventing Backover Accidents on Long Island

Preventing backover accidents is the best way to keep children and other vulnerable people safe.

Here are some things that parents, teachers, and others can do to keep children safe and prevent life altering injuries:

• Check behind the vehicle before backing out

• Use safety measures like mirrors and a rearview camera to improve visibility

• Teach children to stay away from parked cars and make the driveway a "no play" zone

• If older vehicles do not have cameras or sensors, consider aftermarket products

• Trim landscaping, move garbage cans, and ensure the driveway is always free of debris

Contact the Law Office of Carl Maltese for a Free Consultation

Dealing with a backover accident can be emotionally and legally complex for anyone who has suffered injuries.

The Law Office of Carl Maltese offers compassionate and experienced legal representation for families dealing with these devastating incidents.

Based on Long Island, the firm understands the local legal landscape and works tirelessly to hold negligent parties accountable.

Whether the incident involves a private driveway or a commercial property, having a dedicated personal injury attorney can make a critical difference in achieving a fair outcome.

Understanding what a backover accident is—and why it happens—is the first step toward preventing future incidents and seeking justice for victims. These accidents often involve young children and are most likely to occur in safe environments like driveways and parking lots. In Long Island’s suburban neighborhoods, the risk is especially high.

For those who have experienced the trauma of a backover accident, the legal system in New York provides avenues for financial compensation to cover medical bills, lost wages, and more. With the help of a dedicated law firm like the Law Office of Carl Maltese, victims and their families can pursue justice and work toward healing.

Those affected by a backover accident on Long Island should consult with a trusted attorney to explore legal options and ensure the injured person's rights are fully protected. Contact the Law Office of Carl Maltese for a free consultation.